1 1 NAVAGATIONAL RIGHTS: Rights of Passage and Enforcement NAVAGATIONAL RIGHTS: Rights of Passage and Enforcement

WARSHIPS AND MILITARY AIRCRAFT Belong to armed forces External markings Commanded by commissioned officer Disciplined crew

3 WARSHIPS AND MILITARY AIRCRAFT Sovereign immunity Comply with coastal laws Exclusive control over crew Remains property of state if sunk

4 NAVIGATION IN INTERNAL WATERS Coastal state jurisdiction Entry permission required

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INNOCENT PASSAGE IN TERRITORIAL SEA Key= Continuous & Expeditious Passage is innocent so long as it is not prejudicial to the peace, good order, or security of the coastal or island State.

7 Innocent Right of Passage issue here? Continuous? Expeditious?

8 Continuous? Expeditious?

9 Continuous? Expeditious?

International right Stopping and anchoring permitted if necessary for: – Navigation – Force Majeure INNOCENT PASSAGE IN TERRITORIAL SEA

11 Continuous? Expeditious?

12 NON-INNOCENT PASSAGE Threat or use of force Aircraft operations Intelligence collection Research or survey activities Exercise of weapons

13 Continuous? Expeditious?

14 Continuous? Expeditious?

15 RESTRICTIONS TO INNOCENT PASSAGE May apply some restrictions May temporarily suspend May NOT discriminate – Against nations – Against warships

TRANSIT PASSAGE Through an international strait An international RIGHT to unimpeded transit Normal mode of operation May not be suspended Applies to aircraft as well as ships

17 STRAIT OF GIBRALTAR INTERNATIONAL STRAIT

18 STRAIT OF HORMUZ

19 ARCHIPELAGIC PASSAGE Through Archipelagic Waters Otherwise, THE SAME As Transit Passage

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21 ARCHIPELAGIC NAVIGATION

22 Absence of Arc. Sea Lanes If no archipelagic sea lane exists, or outside the sea lanes, vessels may use innocent passage: – Subs must surface and fly their flag – No military operations – No flights

23 INDONESIAN ARCHIPELAGIC SEA LANES

INTERNATIONAL WATERS Exclusive Economic Zone High Seas Contiguous Zone

USS HARPERS FERRY INTERNATIONAL WATERS Contiguous Zone FISC: -Fiscal, -Immigration, -Sanitation, -Customs

INTERNATIONAL WATERS USS WEST VIRGINIA Exclusive Economic Zone – Sovereign rights for: Exploring Exploiting Conserving Managing RESOURCES

High Seas – Complete freedom of management and operations ON, OVER and UNDER USS HARPERS FERRY INTERNATIONAL WATERS

28 AIR NAVIGATION National Airspace International Straits International Airspace Flight Information Regions Air Defense Identification Zones

RIGHTS OF PASSAGE AND ENFORCEMENT RIGHTS OF PASSAGE AND ENFORCEMENT Questions, Comments, Comments, Concerns? Concerns?